HF 3447

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; regulating the use of motor vehicle event data
recorders; requiring certain disclosures; restricting the use of certain data;
proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.6667] MOTOR VEHICLE EVENT DATA RECORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure required. new text end

new text begin A manufacturer of a new motor vehicle sold
or leased in this state, which is equipped with one or more recording devices commonly
referred to as "event data recorders (EDR)," including "sensing and diagnostic modules
(SDM)," shall disclose that fact in the owner's manual for the vehicle.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given:
new text end

new text begin (b) "Owner" means a person having all the incidents of ownership, including the
legal title of a vehicle, whether or not the person lends, rents, or creates a security interest
in the vehicle; a person entitled to the possession of a vehicle as the purchaser under a
security agreement; or the person entitled to possession of the vehicle as lessee under
a written lease agreement, provided that the agreement at inception is for a period in
excess of three months.
new text end

new text begin (c) "Event data recorder (EDR)" means a feature that is installed by the manufacturer
of the vehicle and does one or more of the following, for the purpose of capturing data
for retrieval after a crash:
new text end

new text begin (1) records vehicle speed or direction, or both;
new text end

new text begin (2) records vehicle location data;
new text end

new text begin (3) records vehicle steering performance;
new text end

new text begin (4) records vehicle brake performance, including whether brakes were applied
before a crash;
new text end

new text begin (5) records the driver's seat belt status; and
new text end

new text begin (6) has the ability to transmit information concerning a crash in which the motor
vehicle has been involved to a central communications system when a crash occurs.
new text end

new text begin Subd. 3. new text end

new text begin Data retrieved. new text end

new text begin Data described in subdivision 2, paragraph (c), that is
recorded on an EDR may not be downloaded or otherwise retrieved by a person other than
an owner of the motor vehicle at the time the data is accessed, except under one of the
following circumstances:
new text end

new text begin (1) the owner of the motor vehicle or the owner's agent or legal representative
consents to the retrieval of the information;
new text end

new text begin (2) upon authority of a court or other judicial or administrative authority having
jurisdiction;
new text end

new text begin (3) 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, and provided that the identity of the owner or driver is not disclosed in
connection with that retrieved data. For the purposes of this clause, the disclosure of the
vehicle identification number (VIN) with the last four digits deleted does not constitute the
disclosure of the identity of the owner or driver;
new text end

new text begin (4) the data is retrieved by a licensed new motor vehicle dealer, or by an automotive
technician, for the purpose of diagnosing, servicing, or repairing the motor vehicle; or
new text end

new text begin (5) the data is retrieved for the purpose of determining the need for or facilitating
emergency medical response in the event of a motor vehicle crash.
new text end

new text begin Subd. 4. new text end

new text begin Release of data. new text end

new text begin A person, including a service or data processor operating
on behalf of the person, authorized to download or otherwise retrieve data from an EDR
under subdivision 3, clause (3), may not release that data, except:
new text end

new text begin (1) for the purposes of motor vehicle safety and medical research communities to
advance motor vehicle safety, security, or traffic management; or
new text end

new text begin (2) to a data processor solely for the purposes permitted by this subdivision, and
only if the identity of the passenger, owner, or driver is not disclosed.
new text end

new text begin Subd. 5. new text end

new text begin Subscription services. new text end

new text begin (a) If a motor vehicle is equipped with an EDR that
is capable of recording or transmitting information as described in subdivision 2, paragraph
(c), and that capability is part of a subscription service, the fact that the information may
be recorded or transmitted must be disclosed in the subscription service agreement.
new text end

new text begin (b) Subdivision 3 does not apply to subscription services meeting the requirements
of paragraph (a).
new text end

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin This section applies to all motor vehicles manufactured on or
after 12 months following the date of enactment.
new text end