SF 3028

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; regulating the use of event data recorders; requiring
disclosure to consumers of the presence of event data recorder; prescribing
the ownership and restricting use of data recorder by an event data recorder;
proposing coding for new law in Minnesota Statutes, chapter 170.

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

Section 1.

new text begin [170.60] MOTOR VEHICLE EVENT DATA RECORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (a) "Owner" means:
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new text begin (1) a person having all the incidents of ownership, including the legal title of the
motor vehicle, whether or not the person lends, rents, or creates a security interest in
the motor vehicle;
new text end

new text begin (2) a person entitled to possession of the motor vehicle as the purchaser under
a security agreement; or
new text end

new text begin (3) a person entitled to possession of the motor vehicle as a lessee pursuant to
a lease agreement.
new text end

new text begin (b) (1) "Event data recorder" means a factory-installed feature in a motor vehicle
that has the ability to record and transmit information concerning an accident in which the
motor vehicle has been involved to a central communications system when an accident
occurs, or otherwise records or transmits performance or other operation information
about that vehicle, including, but not limited to:
new text end

new text begin (i) the vehicle's speed;
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new text begin (ii) the direction the vehicle was traveling;
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new text begin (iii) the location of the vehicle;
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new text begin (iv) the vehicle's steering performance;
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new text begin (v) the driver's seat belt status;
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new text begin (vi) whether the air bag deployed; or
new text end

new text begin (vii) the vehicle's brake performance, including whether the brakes were applied
before an accident.
new text end

new text begin (2) For the purposes of this section, the term "event data recorder" also includes
devices commonly referred to as "sensing and diagnostic modules" and other similar
devices used to record data.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure. new text end

new text begin A dealer of a new motor vehicle that is equipped with an
event data recorder shall disclose the existence of the event data recorder in writing to
the consumer prior to the sale of the vehicle. The disclosure must include a statement
describing the function of the event data recorder and the fact that the recorder can record
and transmit information concerning an accident.
new text end

new text begin Subd. 3. new text end

new text begin Ownership of data. new text end

new text begin Data recorded on an event data recorder is the
property of the registered owner of the motor vehicle and may not be downloaded or
otherwise retrieved by a person other than the owner, except:
new text end

new text begin (1) with the knowing and voluntary consent of the owner; or
new text end

new text begin (2) in response to an order of a court of competent jurisdiction.
new text end