815 ILCS 312/5

(815 ILCS 312/5)

Sec. 5. Definitions. As used in this Act:

"Peer-to-peer car sharing" means the authorized use of a vehicle by an individual other than the vehicle's owner through a car-sharing program. "Peer-to-peer car sharing" does not include "rent a motor vehicle to another" within the meaning of in Section 6-305 of the Illinois Vehicle Code; a transaction involving a "rental agreement" as defined in Section 10 of the Renter's Financial Responsibility and Protection Act; or "renting" as defined in Section 2 of the Automobile Renting Occupation and Use Tax Act.

"Car-sharing agreement" means the terms and conditions applicable to a shared-vehicle owner and a shared-vehicle driver that govern the use of a shared vehicle through a car-sharing program. "Car-sharing agreement" does not include a "rental agreement" as defined in Section 10 of the Renter's Financial Responsibility and Protection Act, a "rental agreement" within the meaning of Section 6-305.2 of the Illinois Vehicle Code, or a "rental agreement" as defined in Section 6-305.3 of the Illinois Vehicle Code.

"Car-sharing period" means the period that commences with the delivery period, or, if there is no delivery period, that commences with the car-sharing start time and in either case ends at the car-sharing termination time.

"Car-sharing program" means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. "Car-sharing program" does not include a "rental company" as defined in Section 10 of the Renter's Financial Responsibility and Protection Act; "rentor" as defined in Section 2 of the Automobile Renting Occupation and Use Tax Act; a person or entity whose business is to "rent a motor vehicle" to another person within the meaning of Section 6-305 or 6-305.2 of the Illinois Vehicle Code; or a "rental car company" as that term is used in Section 6-305 of the Illinois Vehicle Code. A "car-sharing program" is not "engaged in the business of renting automobiles" within the meaning of Section 5-1032 of the Counties Code or Section 8-11-7 of the Illinois Municipal Code.

"Car-sharing start time" means the time when the shared vehicle becomes subject to the control of the shared-vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a car-sharing program.

"Car-sharing termination time" means the earliest of the following events:

(1) the expiration of the agreed-upon period established for the use of a shared vehicle according to the terms of the car-sharing agreement if the shared vehicle is delivered to the location agreed upon in the car-sharing agreement;

(2) the time the shared vehicle is returned to a location as alternatively agreed upon by the shared-vehicle owner and shared-vehicle driver as communicated through a car-sharing program, which alternatively agreed-upon location shall be incorporated into the car-sharing agreement; or

(3) the time the shared-vehicle owner or the shared-vehicle owner's authorized designee takes possession and control of the shared vehicle.

"Delivery period" means the period during which a shared vehicle is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing agreement.

"Shared vehicle" means a vehicle that is available for sharing through a car-sharing program. "Shared vehicle" does not include a rental vehicle within the meaning of Section 6-305.2 of the Illinois Vehicle Code.

"Shared-vehicle driver" means an individual who has been authorized to drive the shared vehicle by the shared-vehicle owner under a car-sharing agreement.

"Shared-vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared-vehicle drivers through a car-sharing program. "Shared-vehicle owner" does not include a "rental company" as defined in Section 10 of the Renter's Financial Responsibility and Protection Act; a "rentor" as defined in Section 2 of the Automobile Renting Occupation and Use Tax Act; a person or entity whose business is to "rent a motor vehicle" to another person within the meaning of Section 6-305 or 6-305.2 of the Illinois Vehicle Code; or a "rental car company" as that term is used in Section 6-305 of the Illinois Vehicle Code. A "shared-vehicle owner" is not "engaged in the business of renting automobiles" within the meaning of Section 5-1032 of the Counties Code or Section 8-11-7 of the Illinois Municipal Code.

(Source: P.A. 102-497, eff. 1-1-22.)