Bill > S573

Introduced Session

This bill would require the disclosure of data recording devices, such as event data recorders, in motor vehicles, and further limit access to recorded data. Specifically, at least six months after the bill's effective date and upon introduction of a new model year motor vehicle, a manufacturer of a new motor vehicle that is equipped with a recording device must disclose that fact in or along with the owner's manual for the vehicle. Any subscription service for a motor vehicle equipped with a recording device that is capable of recording vehicle location data, or information concerning a crash in which the motor vehicle has been involved that is transmitted to a central communications system, must also disclose that such information may be recorded or transmitted. Section 3 of the bill provides that recorded data may only be accessed by the motor vehicle owner, or with the consent of the motor vehicle owner or the owner's agent or legal representative, except: (1) if the owner of the motor vehicle or the owner's agent or legal representative has a contract with a third-party subscription service that requires access to a recording device or recorded data in order to perform the contract, so long as the subscription service contract includes a disclosure and the recorded data is only accessed and used in accordance with the contract; (2) upon order by a court of competent jurisdiction or another administrative authority having jurisdiction to issue such an order; (3) if the recorded data is accessed by an emergency response provider and is used for the sole purpose of determining the need for or facilitating an emergency medical response in the event of a motor vehicle crash and assisting them in performing their duties as emergency response providers; (4) if a motor vehicle repair or servicing facility, including a licensed new motor vehicle dealer, or a technician or mechanic at such a facility, requires access to recorded data in order to carry out normal and ordinary diagnosing, servicing, and repair duties and the recorded data is used for the sole purpose of performing such duties; or (5) for the purpose of improving motor vehicle safety, security, or traffic management, including for medical research of the human body's reaction to motor vehicle crashes, provided that the identity of the registered owner or driver is not disclosed in connection with that retrieved data. The bill prohibits a person from knowingly altering or deleting data on a recording device, or knowingly destroying a recording device, after a crash event that resulted in bodily injury or death, within a reasonable amount of time sufficient for a law enforcement officer to obtain a search warrant. Furthermore, no insurer could refuse to renew a motor vehicle insurance policy solely because of the refusal of a motor vehicle owner to provide consent or access to recorded data from a recording device. No insurer or agent could reduce coverage, increase the insured's premium, apply a surcharge, refuse to apply a discount other than a discount that is based on data recorded by a recording device, place in a less favorable tier, or refuse to place in the company's best tier. When there are multiple companies available within a group of insurers, the bill prohibits insurers from failing to place in the most favorably priced company solely because a motor vehicle owner refuses to allow an insurer access to recorded data from a recording device.

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Nicholas Sacco (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2018)