2005 Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles

As of December 8, 2005

In 2004, California became the first state to enact legislation (Calif. Vehicle Code § 9951) requiring manufacturers to disclose to customers whether event data recorders or "black boxes" are installed in vehicles.  Black boxes record data such as the speed of a vehicle, safety belt use, and other vehicle safety information.  The law also prohibits download of that data without the owner's permission or a court order.  In a related area, California (Calif. Civil Code § 1936) and New York (New York Gen. Bus. Law § 396-z) have passed laws prohibiting rental car companies from using electronic surveillance or global positioning devices to impose fees, charges or penalties relating to the renter's use of the vehicle.

Summary:  Legislation introduced in at least 16 states in 2005.  Legislation enacted in Arkansas, Nevada, New York, North Dakota, and Texas in 2005.  See also 2006 Legislation Related to Event Data Recorders.

ALASKA
S.B. 18
Legislature adjourned 05/10/05
Sponsor: Elton
Relates to motor vehicles equipped with data recording or transmitting devices.

ARKANSAS
S.B. 51
04/01/05, Signed by Governor, Act 1419
Sponsor: Jeffress
Prescribes the ownership of information recorded by an event data recorder in motor vehicles and prohibits the use of the data without written permission of the owner of the vehicle; and for other purposes.

CONNECTICUT
S.B. 824
05/25/05 Passed Senate
Legislature adjourned 06/08/05
Sponsor: Harp
Prohibits law enforcement access to recorded information in "black boxes" in motor vehicles.

MASSACHUSETTS
H.B. 1973
Sponsor: Travis
Relates to motor vehicles equipped with certain recording devices.

H.B. 2092
Sponsor: Torrisi
Regulates the use of Recoding Devices in motor Vehicles.

MICHIGAN
S.B 902
Sponsor: Stamas
Defines event data recorder.  Requires the disclosure of the presence of an event data recorder in vehicles.

S.B. 903
Sponsor: Stamas
Defines the requirements of an event data recorder by an insurer or the use of event data recorder data to determine insurance premiums to be an unfair and deceptive business practice.  This bill requires the passage of S.B. 902.

S.B 904
Sponsor: Kuipers
Prevents the use of event data recorder data in criminal trials without a waiver from the operator or a valid search warrant. This bill requires the passage of S.B. 902.

S.B 905
Sponsor: Gilbert
Prevents the use of event data recorder data in civil trials without a waiver from the operator.  This bill requires the passage of S.B. 902.

MONTANA
H.B. 322
Legislature adjourned 04/21/05
Sponsor: R. Koopman.
Prohibits the sale or offering for sale of noncommercial motor vehicles that are equipped with event data recorders that are not able to be deactivated; provides that a violation is considered an unfair trade practice and subjects a violator to the unfair trade practice penalties; provides conditions under which information stored on event data recorders may be released or transferred; specifies that unauthorized release or transfer of the information is an invasion of privacy and allowing for collection of damages; defines "Event Data Recorder."

NEVADA
A.B. 315
06/13/05, Signed by Governor, Chapter 361
Sponsors: Pierce, Parks
An act requiring disclosure of the existence of certain event recording devices in motor vehicles under certain circumstances; restricting the use of information retrieved from an event data recording device under certain circumstances; providing a penalty.

NEW HAMPSHIRE
H.B. 599
03/30/05, Passed House
Sponsors: Rep. Ferland, Sull 5; Rep. Dickinson, Carr 1; Rep. Phinizy, Sull 5; Rep. Bicknell, Rock , et al.
An act requiring disclosure to consumers of the presence of event data recording devices in new motor vehicles.

NEW JERSEY
A.B. 2090 / S.B. 2546
Sponsor: Cohen, Buono
Requires motor vehicle manufacturers and subscription services to make disclosures about recording devices; regulates release of recording device data.

A.B. 3209 /  S.B. 2022
Sponsor: Quigley, Kyrillos
Requires ambulances to be equipped with global positioning systems.

A.R. 172 /  S.R. 52
02/15/05 Filed with Secretary of State
Sponsor: Bodine, Bark
Memorializes Rowan University to study feasibility of using black boxes in emergency vehicles.

NEW YORK
A.B. 872 / S.B. 850
09/16/05 Signed by Governor, Chapter 648
Sponsor: McEneny, Trunzo
Requires the disclosure of the installation of vehicle data recording devices, i.e., event data recorders, by the manufacturer of new vehicles sold or leased in New York state in or along with the owner’s manual.

A.B. 2628 / S.B. 1422
Sponsor: Lafayette, Sabini
Provides that motor vehicles manufactured after December 31, 2006 and operated in New York state shall be equipped with an event data recorder.

A.B. 6093
Sponsor: Benjamin
Requires use of event data recorders in motor vehicles to reconstruct accident scenes; requires salesperson to inform purchasers orally and in writing that an event data recorder is on board; makes tampering with, disabling, or removal of such device a misdemeanor; provides for the use of such information in actions or proceedings involving motor vehicle accident or crime scenes.

S.B. 3375
Requires any schedule or rating plan for non-commercial private passenger automobile insurance to provide for an actuarially appropriate reduction in premium charges for bodily injury liability, property damage liability, personal injury protection, medical payments, and collision coverage with respect to automobiles equipped with bona fide automotive safety monitoring devices (for parental monitoring of minor drivers).

NORTH DAKOTA
S.B. 2200
04/23/05, Signed by Governor, Chapter 440
Sponsors: Holmberg, Trenbeath, Triplett; Representatives DeKrey, Delmore, Kretschmar
Relates to recording devices on motor vehicles; and provides for application.

PENNSYLVANIA
H.B. 1294
Sponsors: Harhai, Caltagirone, DeWeese, Grucela, Haluska
Provides for the sale and removal of motor vehicle event data recorders; imposes penalties; and provides for evidentiary rules.

TENNESSEE
H.B. 1303 / S.B. 1850
Legislature adjourned 05/28/05
Sponsor: Coleman / Sponsor: Herron
Regulates event data recorders (EDR) and sensing and diagnostic modules (SDM) in motor vehicles and the use and disclosure of any information stored in or generated by such equipment.

H.B. 1304 / S.B. 1806
Legislature adjourned 05/28/05
Sponsor: Coleman / Sponsor: Herron
Requires notice of recording devices on motor vehicles be given to motor vehicle owners.

TEXAS
H.B. 160
06/18/05 Signed by Governor
Sponsor: McCall
Relates to motor vehicles equipped with recording devices.

H.B. 195
Legislature adjourned 05/30/05
Sponsor: Guillen
Relates to motor vehicles equipped with recording devices.

VIRGINIA
H.B. 697
Legislature adjourned 02/27/05
Sponsor: Morgan
Requires a manufacturer of a new motor vehicle sold or leased in the Commonwealth that is equipped with one or more recording devices, commonly referred to as "event data recorders” (EDR) or "sensing and diagnostic modules” (SDM), to disclose that fact in the owner's manual for the vehicle. Prohibits specified data that is recorded on a recording device from being downloaded or otherwise retrieved by a person other than the registered owner of the motor vehicle, except under specified circumstances. Requires a subscription service agreement to disclose that specified information may be recorded or transmitted as part of the subscription service. Applies to all motor vehicles manufactured on or after July 1, 2004.

H.B. 2468
Legislature adjourned 02/27/05
Sponsor: May
Requires a manufacturer of a new motor vehicle sold or leased in the Commonwealth that is equipped with one or more recording devices, commonly referred to as "event data recorders” (EDR) or "sensing and diagnostic modules” (SDM), to disclose that fact in the owner's manual for the vehicle. Requires a seller or lessor of a new vehicle to conspicuously disclose the fact prior to sale or lease. Applies to all motor vehicles manufactured for model year 2007 and later.

H.B. 2134
Legislature adjourned 02/27/05
Sponsor: Gear, Griffith
Deems data that is recorded on a device that records or transmits performance or operation information about the vehicle the personal property of the owner of the motor vehicle and may not be downloaded or otherwise retrieved by a person other than the owner, except (i) with the consent of the owner or (ii) in response to an order of a court of competent jurisdiction.

H.B. 2135
Legislature adjourned 02/27/05
Sponsor: Gear, Black, Griffith
Prohibits motor vehicle insurers from including in policies any provision that authorizes the insurer to obtain access to data that is electronically stored in an electronic data recording system in the motor vehicle.

WEST VIRGINIA
H.B. 2850
03/24/05, Passed House
Legislature adjourned 04/09/05
Sponsors: Delegates Perdue, Barker, Talbott, Amores and Eldridge
Relates to regulating the use of automobile event data recorders.

For additional information, contact Pam Greenberg, NCSL Legislative Information Services, 303-364-7700, ext. 1413, pam.greenberg at ncsl.org