Bill > A5683

Introduced Session

This bill requires motor vehicle manufactures to provide the owner of a motor vehicle or the owner's representative with real-time access to certain motor vehicle data. Under current law, a person other than the owner of a motor vehicle or the owner's representative is generally prohibited from obtaining or using certain motor vehicle data, known as "recorded data," which is collected from a recording device within the motor vehicle. However, a person other than the owner of a motor vehicle or the owner's representative may obtain or use recorded data in certain circumstances, such as upon the consent of the owner or representative. Under the bill, when the manufacturer of a motor vehicle obtains recorded data through a vehicle data interface, the manufacturer would be required to provide the owner of the motor vehicle or the owner's representative with access to the recorded data through the vehicle data interface. For the purposes of this bill, a "vehicle data interface" is defined as any device, application, program, or other mechanism that enables a manufacturer or other person to obtain and maintain direct, real-time, bidirectional accessibility and interoperability to the recorded data of a motor vehicle as collected by a recording device. The bill also revises the definition of "recorded data" to include all data generated, or generated and retained, by the operation of a motor vehicle. Specifically, the bill requires a manufacturer to provide access to recorded data: (1) free of charge, and without undue delay, upon the written request of the owner or representative; (2) in same quality as the recorded data is available to the manufacturer, except that the data is required to be transmitted in a continuous, real-time manner through the vehicle data interface and accessible in a structured, commonly used, machine-readable format; and (3) without condition or limitation, including, but not limited to, a fee or license to decrypt the recorded data or a requirement to use a device provided by the manufacturer to access and use the recorded data. After the owner of a motor vehicle or the owner's representative receives access to recorded data from the manufacturer, the bill provides that the owner or representative may transmit the recorded data to any other person or entity authorized by the owner. The bill also provides that the owner of the motor vehicle may delete any recorded data or other information that was input by the owner into the motor vehicle or recording device, except as such deletions are otherwise prohibited under current law. Under the bill, a manufacturer is prohibited from requesting, encouraging, or requiring the owner of any motor vehicle to waive the right to access recorded data. Any waiver entered into after the date of enactment of this bill would be deemed null and void.

AI Summary

Committee Categories

John McKeon (D)*, 

Introduced, Referred to Assembly Transportation and Independent Authorities Committee (on 06/28/2023)

Official Document